Terms of Service

Last Updated: October 5, 2025

These Terms of Service ("Terms") govern your access to and use of the LeadBehavior service ("Service") provided by Nicto LLC, an Ohio limited liability company ("LeadBehavior," "we," "us," or "our"). By accessing or using the Service, you ("Client" or "you") agree to be bound by these Terms.

1. The Service

LeadBehavior provides a platform that analyzes traffic on your websites to detect automated bot activity that triggers lead events (e.g., form submissions, chats, calls). The Service aims to identify bot-initiated leads and correct the associated conversion values (e.g., to $0) on third-party advertising platforms (e.g., Google Ads, Meta Ads).

2. Account Registration

You must register for an account and agree to provide accurate and complete information. You are responsible for all activities that occur under your account.

3. Client Responsibilities and Obligations

This section is critical. By using the Service, you represent, warrant, and agree to the following:

Compliance with Laws: You are solely responsible for ensuring that your use of the Service complies with all applicable local, state, federal, and international laws and regulations. This includes, but is not limited to, data protection and privacy laws (e.g., GDPR, CCPA/CPRA), industry-specific regulations, and electronic communications or wiretapping laws (which may apply to behavioral analysis and session monitoring).
Data Controller Role: You acknowledge that you are the Data Controller (or Business) regarding the Personal Data of your End Users, and LeadBehavior is the Data Processor (or Service Provider). You must have a lawful basis for processing End User data using the Service.
End User Notice and Consent: You are solely responsible for providing clear and comprehensive notice to your End Users (via a conspicuous privacy policy) about the data collection practices on your website, including the use of third-party services like LeadBehavior for behavioral analysis, bot detection, and fraud prevention. You are responsible for obtaining all necessary consents and permissions required by law for such activities.
Authorization: You have all necessary rights and permissions to allow LeadBehavior to analyze the traffic on your websites and process the data collected.

4. Regulated and Sensitive Data (HIPAA, Legal Privilege)

Prohibition on Sensitive Data: You acknowledge that the Service is NOT designed, intended, or authorized to process Protected Health Information (PHI) as defined under the Health Insurance Portability and Accountability Act (HIPAA), attorney-client privileged information, or other highly sensitive personal information.
Client Obligation to Prevent Transmission: You expressly agree not to transmit, or configure the Service to collect, any such sensitive data. If your business operates in the healthcare, legal, or financial sectors, you must implement measures (such as redaction or filtering) to ensure such data is not sent to LeadBehavior.
No Business Associate Agreement (BAA): Nicto LLC will not act as a Business Associate under HIPAA and will not enter into a BAA.
Material Breach: Your transmission of PHI or privileged communications to the Service constitutes a material breach of these Terms.

5. Fees and Payment

Fees: You agree to pay the fees for the Service as described on our website or in a separate agreement.
Payment Processing: Payments are processed by Stripe. You agree to provide accurate billing information.
Refunds: All payments are subject to our Refund Policy.

6. Intellectual Property and Data Use

Our IP: Nicto LLC owns all rights, title, and interest in and to the Service, including the underlying technology, algorithms, and any aggregated/anonymized data derived from the operation of the Service.
Client Data: You retain ownership of the data collected from your websites ("Client Data"). You grant Nicto LLC a worldwide, non-exclusive, royalty-free license to access, use, and process the Client Data solely for the purpose of providing the Service to you.
Promotional Use: You grant Nicto LLC the right to use your company name and logo as a reference for marketing or promotional purposes on our website and in other public or private communications with our existing or potential customers, subject to any standard trademark usage guidelines you may provide. If you do not want your name or logo to be used in this manner, you may opt-out by sending an email to support@leadbehavior.com.

7. Term and Termination

You may terminate these Terms by canceling your subscription. We may suspend or terminate your access to the Service immediately if you breach these Terms, fail to pay fees, or if we believe your use of the Service violates the law or poses a legal risk to us.

8. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LEADBEHAVIOR DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT IT WILL DETECT ALL BOT ACTIVITY ACCURATELY OR COMPLETELY. LEADBEHAVIOR DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICE.

9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NICTO LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE.

IN NO EVENT SHALL NICTO LLC'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE LESSER OF (A) FIVE THOUSAND U.S. DOLLARS ($5,000.00) OR (B) THE TOTAL AMOUNT PAID BY YOU TO NICTO LLC FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

10. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Nicto LLC and its officers, directors, employees, and agents from and against any and all third-party claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with (a) your access to or use of the Service; (b) your breach of these Terms; (c) your violation of any applicable law or regulation (including privacy laws, wiretapping laws, or HIPAA); (d) your failure to provide required notices or obtain necessary consents from End Users; or (e) the transmission of PHI, privileged communications, or other sensitive data to the Service in violation of these Terms.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of law principles. Any disputes arising under these Terms shall be resolved exclusively in the state or federal courts located in Ohio, and the parties consent to personal jurisdiction therein.

12. General Provisions

These Terms constitute the entire agreement regarding the Service. We may modify these Terms from time to time; continued use of the Service after modification constitutes acceptance of the new Terms.

13. Contact Us

If you have any questions about these Terms, please contact us at support@leadbehavior.com.